This article identifies barriers to an integrated approach to the ESA's Section 7 Consultation requirement and characterizes a set of strategies for overcoming its rigidity that may have broader applicability.
J.B. Ruhl and OthersDecember 1, 2017
This article identifies tools available to the government ex ante that will preserve regulatory flexibility in the future by forestalling regulatory takings claims and blunt the fairness concerns that fuel takings arguments, and argues for their adoption in the context of natural gas regulation.
Christopher Serkin and Michael VandenberghAugust 22, 2017
This article explores how epigenetics, the interaction between genes and the environment in which there is a non-gene mutating, but still chemically altering effect from exposure, presents novel challenges for chemical regulatory regimes in the U.S. because chemical substances that don't cause mutations are not typically regulated for their potential…
This set of essays discusses the meaning and role of "zero-sum environmentalism," the idea that environmental regulation demands tradeoffs in which one side loses for the other to win, in order to begin moving beyond that framework.
J.B. Ruhl and OthersMay 8, 2017
This article argues that non-tax subsidies in energy rates have potential to promote low-carbon sources of energy while balancing broader economic and social welfare goals
Jim RossiMarch 20, 2017
This article identifies aspects of frameworks for adaptive governance and guidelines for evaluating the role of law in environmental governance.
J.B. Ruhl and OthersMarch 1, 2017
This article presents a broad gloss on the traditional politics of property protection (liberals like broad regulatory power, conservatives strong private property protection) and then identifies ways these politics have been changing.
Christopher SerkinJanuary 1, 2017